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Analysis Of The Actual Performance Of The United Nations Convention On The International Sale Of Goods

Posted on:2016-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ChenFull Text:PDF
GTID:2296330482960027Subject:Law
Abstract/Summary:PDF Full Text Request
Economic exchanges between countries should actively support the development of a variety of trade, the implementation of the contract agreement, the international contract agreement is the use of a wider range of parties. As a result of the actual situation of the real trade, it may cause the international goods sales contract can not be achieved, in the course of the performance of the contract in the event of a breach of contract resulting in the loss of the party. As a result of the actual performance can not lead to a variety of damage, the need to protect the interests of the contract through legal relief, is the main contract law of international trade protection. From the world’s most countries of the contract breach of contract breach of contract, the country according to their own actual situation, the actual implementation of the system as an important contract law system, is widely stipulated in the contract law, but also includes the actual performance of the accident damage compensation, contract termination and breach of contract responsibility and other relief measures. Of course, different regions and legal system to the actual implementation of the system is not the same, in general, the mainland legal system to complete the protection of the contract, the two different attitudes also determine the international trade in the process of the conflict, in order to ease the conflict, the United Nations to develop a contract for international sales of goods, the actual implementation of the system to make a standard.In this paper, the theory of contract law in the actual performance of the system as the theoretical basis, focuses on the analysis of the contract the actual performance of the applicable conditions and the pursuit of value, through a comparative analysis of the Anglo American law system and continental law system on the actual performance of the system, the attitude and position, in contracts for the international sale of goods actual performance trend of development of the system to make judgments. In theprocess of introducing the actual performance of the contract for international sale of goods, we should understand the deep connotation of the system, and accurately grasp the influence of common law system and civil law system on the implementation of the system. According to the theoretical analysis and international practice, the problems in the current international sales of goods are improved, which includes the unreasonable and the standard is not clear. On the improvement of the actual implementation of the system of contract for international sale of goods, we should draw lessons from the two aspects of the international commercial contract and the actual performance of the system. The reference to our country’s contract law should be made to promote the implementation of the system.
Keywords/Search Tags:International goods sales contract convention, specific performance, Breach remedies
PDF Full Text Request
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